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STATE EX REL. MILLER v. VERTRUE, INC.

No. 11-0449.

834 N.W.2d 12 (2013)

STATE of Iowa ex rel. Thomas J. MILLER, Attorney General for Iowa, Appellee, v. VERTRUE, INCORPORATED f/k/a Memberworks, Inc., a Delaware Corporation; Adaptive Marketing, LLC, a Delaware Limited Liability Company; Idaptive Marketing, LLC, a Delaware Limited Liability Company, Appellants.

Supreme Court of Iowa.

July 5, 2013.

Attorney(s) appearing for the Case

Mark McCormick and Margaret C. Callahan of Belin McCormick, P.C., Des Moines, and Jeffrey R. Babbin and Kim E. Rinehart of Wiggin and Dana LLP, New Haven, Connecticut, for appellants.

Thomas J. Miller , Attorney General, Jeffrey S. Thompson , Deputy Attorney General, and Steven M. St. Clair and Julia S. Kim , Assistant Attorneys General, for appellee.

CADY, Chief Justice.

In this appeal and cross-appeal, we must consider numerous issues in an action brought by the Attorney General of Iowa against Vertrue Incorporated alleging violations of the Buying Club Membership Law (BCL), pursuant to Iowa Code chapter 552A (2005), and the Iowa Consumer Fraud Act (CFA), pursuant to Iowa Code section 714.16. The State also sought civil penalties for consumer frauds committed against the elderly pursuant to Iowa Code section...

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